Is Death Penalty in the US Unconstitutional?

Name
Course
Professor
Date
Death Penalty in the United States of America
The death penalty causes a controversial debate in America about whether it is constitutional. Some argue that the death penalty is constitutional, while others argue that under moral concepts and human rights, it violates the constitution. The death penalty in America is believed to be influenced by Great Britain, in which the first ever recorded case was in 1608, in Jamestown, a year after the arrival of English colonies. This was after the execution of Captain George Kendall, who was believed to be a Spain spy. With time, the United States adopted the practice of punishing crime. Consequently, 38 states acknowledge the death penalty, including the US government and military, while 12 states do not, including the district of Colombia. Further, the mode of execution varies from one state to another. Some use lethal substance injection, while others use electrocution. This paper will evaluate the death penalty using previous cases for and against the practice and conclude whether it is constitutional.
Furman v. Georgia
In 1972, the US supreme court was presented with a case that revolved around the 8th amendment of the constitution's ban on cruel and unusual punishment in death sentence cases ( Legal Information Institute). Petitioners Furman, Branch, and Jackson were sentenced to the death penalty for their crimes. The supreme court presented certiorari with one question whether imposing and carrying out the death penalty in the cases violated the 8th and 14th amendment of the constitution. The 8th and 14th Amendments protect all citizens, regardless of their race, color, gender, ethnicity, creed, or socio-economic status, from cruel and unusual punishment and provide a right to due process and equal protection.
The court ruled against the death penalty on the cases citing moral grounds in which the death penalty denied the victims their human dignity, that the death penalty was not different from the crime themselves, and that the death penalty denied victims protection by violating the 8th and 14th amendments. In addition, there was an argument that there were other forms of punishment than the death sentence, which would help the victims atone for their crimes and inspire them to be good citizens. Further, there was an argument that the crime punishment was cruel and denied the victims the right to have right as death end of life, and the convicts had no option but to accept the fate made for them. Also, there was an argument accusing the state of taking the life of those it was supposed to protect and guard ...